Success Nwogu writes that the suspension of the implementation of the urbanisation law in Kwara State explains why the government must consult the people before enacting laws that affect them

When Alhaji Abdulfatah Ahmed was inaugurated as the governor of Kwara State at the Ilorin Metropolitan Square on May 29, 2011, he was full of excitement.

Ahmed's joy was exhibited as he rode in the ceremonial Land Rover and waved to the cheering crowd, who radiated a renewed hope of better days ahead. Notwithstanding the official rigidity attached to swearing-in ceremonies, Ahmed could still wave to some of his close allies that he noticed around the square.

Possibly at that moment, he hadn't fathomed the enormity of the demands of governing the state, even though Kwara is reputed for being a 'State of Harmony.' He may have believed that governance would be easier since his administration is tagged 'continuity' (that it is a continuation of the policies and governance mode of his predecessor, Bukola Saraki).

A year after, however, while assessing the demands of governance in the state before journalists, Ahmed, in his characteristic bluntness, said, "It has not been easy governing the state," even though it has a relatively small population and has not been bothered by terrorists.

"Uneasy lies the head that wears the crowd," Ahmed said.

His pronouncement became more instructive in the past few months.

While the governor has been battling to calm government workers, especially local government employees and some teachers under the State Universal Basic Education Board over their delayed salaries, some ex-councillors stormed the Government House, demanding the payment of the last tranche of their severance packages.

Ahmed also had to contend with the furore generated by the recent implementation of the 'Designation of Certain Places as Urban Areas Order of 2009 which has been viewed by some stakeholders as the 'Urbanisation Law.'

A copy of Kwara State of Nigeria Gazette No. 17, Vol 43 of Sept. 24, 2009, gave the order's commencement date as Aug. 26, 2009.

It said, "In exercise of the powers conferred upon me by Section 3 of the Land Use Act and of all other powers enabling me in that behalf, I, Dr. Abubakar Bukola Saraki, Governor of Kwara State, hereby make the following order:-

"The places enumerated in each local government area provided in the schedule hereto are hereby designated as urban areas in Kwara State. This order may be cited as the Designation of Certain Places as Urban Areas Order 2009."

The gazette listed as designated areas 37 places in Asa; 15 in Baruten; 20 in Edu; 19 in Ekiti; 75 in Ifelodun; 39 in Irepodun; 19 in Ilorin East; 24 in Ilorin South; 16 in Ilorin West; 20 in Isin; 16 in Kaiama; 20 in Moro; two in Offa; 11 in Oke Oyi and 15 in Oyun LGAs.

The Ilorin Descendant Emirate Union fired the first salvo when it described the government's new law as elitist. In a statement by its National President, Justice Saka Yusuf, it said the people of Ilorin Emirate were not delighted with the policy. It stated that it was particularly unhappy with regard to the alleged insensitive excision of large portions of land from public schools and institutions for onward 'stage-managed allocation to the highest and influential bidders.'

It advised the state government to legitimately open up fallow and unoccupied land for residential and other worthwhile purposes instead of annexing the land of institutions. It said the areas being acquired represented significant milestones in the people's cultural and intellectual advancement.

While Ahmed had last month put on hold the day-to-day running of the state in pursuit of spiritual enrichment and succour at the lesser hajj in Saudi Arabia, the simmering 'urbanisation order' brouhaha graduated to more dangerous dimensions.

Rumours of the sale of many parcels of land, including the prayer ground, the emir's palace and the new ultra-modern multibillion naira Ilorin Mosque were rife in the state. The implementation of the order became so controversial that some political juggernauts in the state rose in defence of Ahmed and tried to douse the tension. Saraki assured the Ilorin community that the acquisition of some land in the metropolis by the government was done in the best interest of the community as part of the master plan to transform the state capital into a model one in Nigeria.

Also, a former acting National Chairman of the Peoples Democratic Party, Kawu Baraje, appealed to the people of Ilorin Emirate and the entire Kwarans not to allow political colouration to permeate the land policy. In the same vein, the speaker of the state assembly, Razak Atunwa, said the assembly would engage in wide consultations to address the grey areas in the policy.

He noted that the order was done in good faith to provide a viable and sustainable management of land. He added that the policy is applicable to the entire Kwara State and not restricted to the Ilorin Emirate.

But the state chairman of Action Congress of Nigeria, Kayode Olawepo, said in a democracy, the people should be well consulted and their good inputs accepted during legislation or other policy initiation and execution. He commended the opponents of the implementation of the order.

He said, "The disagreement between the PDP government and the people of the state, especially the IEDPU, over the issue only exposes the undemocratic, acquisitive and feudalistic tendencies of the PDP leadership.

"We hope that the suspension of the policy will extend to the people of Malete in Moro LG, who have voiced a similar concern over the acquisition of their land by the government.

"Although they do not have the same political and financial clout as the IEDPU, we want the government to know that their grievances are just as sacred as those of the IEDPU and must be respected."

Ahmed said the allegations on the policy and that the government had acquired the prayer ground and the emir's palace were untrue. He said the order was conceived to harness land resources to boost the internally generated revenue of the state.

"I want to let people know that everything they said is not correct; the government is only taking some portions of land in some areas to be put into optimal use for the public and to see how we can generate revenue for public use," he said. After a dialogue with the IEDPU, Ahmed said the state government had suspended the order's implementation for wide consultations and to address the grey areas.

The state Attorney-General and Commission for Justice, Kamaldeen Ajibade, said the order gave the government an opportunity to have some level of control over the urban areas to aid development; for planning and sanity the areas, particularly the LG headquarters.

He added that it would make town planning and urban renewal easier for the state government as it would enable the government to take over some of the areas and develop them into cities. According to him, it will also aid the government to generate revenues from the areas designated as urban centres, as well as assist the government to develop roads and provide other infrastructure.

"We were surprised when we heard that the essence of the land charge law was about the government grabbing land. Even when the government wants to acquire land, the Land Use Act is very clear. All the laws we have in Kwara State are still subject to the constitution. The constitution says it vests the land in the state in the governor.

"This one is to set out the process for better understanding of the people of Kwara. Going by the constitution, even where the governor is interested in the land, having even designated the place as urban centre, he still has to follow the constitution by issuing a notice of acquisition by publication. Compensation will still be paid. This order did not include all the processes. It only says 'designation as urban centre.' When you now come to acquisition, the constitution comes in," Kamaldeen said.

A Senior Advocate of Nigeria, Yusuf Alli, said there was misunderstanding on the order's implications. He said the suspension of the order's implementation showed that the state government was prepared to listen.

"The government itself is the one to drive the law, so there is nothing unconstitutional about the suspension of the implementation. If the government passes a law and finds it will bring hardship to the people, when governance is about finding succour and happiness for the majority of the people, it can suspend the implementation. So, the government has done well by listening to the people," Alli said.